MD AL AMIN v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

MD AL AMIN v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

The application for leave was dismissed because the applicant formally withdrew and stated there was no current risk if returned; applying the authority that risks are assessed at the time of proceedings, there was no arguable case to grant leave.

Citation
[2020] HKCFI 693
Parties
Applicant: Md Al Amin; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 May 2020
Case Number
HCAL1716/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Dismissed
Outcome
Application for leave to apply for judicial review dismissed.
Legal Topics
Non Refoulement, Torture Risk, Persecution Risk, Judicial Review Leave, Withdrawal of Application
Source Language
EN
Constitutional and Administrative Law Immigration Law Human Rights Law Non Refoulement Torture Risk Persecution Risk Judicial Review Leave Withdrawal of Application

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Parties

Md Al Amin

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Dismissed

Legal Issues

  1. 1 Whether leave to apply for judicial review should be granted
  2. 2 Whether the applicant's withdrawal precludes an arguable case
  3. 3 Whether risks must be assessed at the time of proceedings

Ratio Decidendi

The application for leave was dismissed because the applicant formally withdrew and stated there was no current risk if returned; applying the authority that risks are assessed at the time of proceedings, there was no arguable case to grant leave.

Court Disposition

Application for leave to apply for judicial review dismissed.

Orders

  • Application dismissed